Gogo® connectivity service that is purchased, or provided free-of-charge, on a pre-flight basis can be redeemed only onboard an ATG-equipped or ATG4-equipped aircraft, while the aircraft is above 10,000 feet and is within range of the Gogo ATG network, which is located in the contiguous United States and parts of Alaska.
- Details about Gogo connectivity service, participating airlines and network coverage availability may be found at www.gogoair.com.
- Any purchase of Gogo connectivity service on pre-flight basis may be fulfilled through either a Promotion Code or through a Service Credit.
- Most purchases made after 11/15/2012, via websites owned by Gogo, Delta Air Lines or Concur, exclusively offer Service Credits.
- All Gogo Gift Card or eGift Certificate, purchased after 11/15/2012, via websites owned by Gogo or Amazon are subject to Gift Card Terms and Conditions.
Gogo Promotion Code Use Policy
We use Gogo promotion codes to allow you to redeem certain promotional offers available from Gogo or authorized third parties through www.gogoair.com, as well as any Gogo Gift Cards and e-Gift Certificates that you purchase from www.gogoair.com or www.amazon.com or that you receive from a friend. A Gogo promotion code consists of a string of letters, numbers or both and can be found on promotional media (emails, promotional certificates, advertisements, etc.) that you may receive from Gogo or from an authorized third party. All Gogo promotion codes are subject to the following terms, in addition to any terms printed on the applicable promotional media.
- A Gogo promotion code provides access to Gogo connectivity service for a limited duration, as described on the media.
- A Gogo promotion code may be redeemed only during the period shown in the selected media.
- You must have a Gogo® account to redeem the promotion code. An account can be created on the ground at www.gogoair.com or in the air on a Gogo equipped aircraft.
- Gogo connectivity service is subject to all terms and conditions shown on the Gogo Inflight Portal.
- Enter the Gogo promotion code in the space provided for Promotion Code on the Gogo Purchase Page.
- Gogo promotion codes are case sensitive and must be input as they appear in the selected media.
- After clicking on “Update Total,” a discount will automatically be applied to the order as long as the promotion code is valid.
- If the promotion code is for a partial discount, you will be asked to pay the balance displayed on the order summary with a credit card. Once entered, your credit card will be charged immediately for such balance. The total price charged will include taxes and fees.
- A promotion code is applied to your entire purchase. Only one promotional offer can be used at a time.
- No adjustments can be made to prior purchases.
- Gogo promotion codes have no cash value and cannot be redeemed for cash or assigned or transferred for value, in whole or in part.
- Use of e-Gift Certificates and e-Gift Cards is subject to the Gogo Gift Card and e-Gift Certificate Terms and Conditions found below, in addition to these terms.
- Gogo is not responsible for any product or service available from authorized third parties through the Gogo Purchase Page or otherwise.
- Gogo Service Credits are deposited directly into your Gogo Account and provide access to Gogo connectivity service for a limited duration, as described at the time of purchase.
- You are purchasing one or more Service Credits, each of which is a limited license to access Gogo’s on-board network. Each license allows you to access Gogo connectivity services during a specified period following purchase of your pass(es) (a month, twelve months or such other time period as may be specified) (the “License Term”) for the level or duration of service (either a specified period of time, one flight segment, or a flight between two specified cities) specified with your purchase. The purchase and sale of each limited license is completed when the pass is placed in your Gogo account. Each license has no cash value and cannot be refunded, transferred or assigned. After the limited license License Term has expired, the pass representing each license will no longer appear in your account.
- You must have a Gogo® account to access Service Credits. An account can be created on the ground at www.gogoair.com or in the air on a Gogo equipped aircraft.
- Once on an eligible Gogo-equipped aircraft, you must log into your Gogo account to access your Gogo service credits.
- Gogo service is subject to all terms and conditions shown on the Gogo Inflight Portal
- Gogo service credits have no cash value and cannot be redeemed for cash or assigned or transferred for value, in whole or in part.
Gogo Gift Card and e-Gift Certificate Terms and Conditions
The following terms and conditions govern the Gogo Gift Card and e-Gift Certificate program. “Gift Card,” as used here, refers to the Gogo Gift Card. “e-Gift Certificate,” as used here, refers to electronic gift certificates purchased at www.gogoair.com. “You” refers here to the purchaser of the Gift Card or e-Gift Certificate or any person who obtains a Gift Card or e-Gift Certificate from the purchaser. “Gogo” here refers to Gogo LLC and its parent, affiliates, subsidiaries, successors and assigns. The “Parties” here refers to You and Gogo. By your purchase and/or use of the Gift Card or e-Gift Certificate, you agree to these terms and conditions.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE GOGO GIFT CARD AND E-GIFT CERTIFICATE PROGRAM TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, THE DISPUTE RESOLUTION/ARBITRATION PROVISION BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE DISPUTE RESOLUTION/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.
Purchasing a Gift Card or e-Gift Certificate
Gift Cards may be purchased only on line at www.gogoair.com or www.amazon.com. e-Gift Certificates may be purchased only on line at www.gogoair.com. If you purchase a Gift Card, it will be mailed to you by U.S. Mail at the address you provide and will include a number that can be used to make purchases only at www.gogoair.com while in-flight on a Gogo-equipped aircraft. If you purchase an e-Gift Certificate, a multi-use promo code will be sent to the email address and that code can be used to make purchases only at www.gogoair.com while in-flight on a Gogo-equipped aircraft. If the purchaser of the e-Gift Certificate intends to give it to another person, then the purchaser will have to provide identifying information about the recipient, including a working email address, at the time of purchase. The Gift Card and e-Gift Certificate are not credit cards, charge cards or debit cards. The Gift Card and e-Gift Certificates are loaded with a specific number of credits as indicated on the face of the Gift Card or in the e-mail accompanying the e-Gift Certificate. There is no set ratio of cash value to credits. The credits that are loaded onto the Gift Card or e-Gift Certificate available for redemption are referred to here as the “Available Credits.” Each Available Credit is redeemable for any Flight Pass or Time Pass referred to here as “Eligible Passes.” No activation is necessary to use your Gift Card or e-Gift Certificate, however use of Available Credits does require that the user create an account at www.gogoair.com. The Gift Cards and e-Gift Certificates do not expire, though Available Credits may be subject to state unclaimed property laws if left unused or unclaimed for applicable periods as defined by statute. No dormancy or service fees apply with regard to your use and maintenance of the Gift Card or e-Gift Certificate.
Use of Your Gift Card or e-Gift Certificate
Lost or stolen Gift Cards or e-Gift Certificates
We suggest that you write down your Gift Card or e-Gift Certificate promo code and keep it in a safe place. You should be aware that, except in circumstances where barred by law, lost, stolen, or destroyed Gift Card or e-Gift Certificates, or their associated promo codes, will not be replaced or refunded. You should keep your Gift Card or e-Gift Certificate secure and treat it like cash.
Redemption and Refunds
Your Gift Card or e-Gift Certificate is not, except where required by law, refundable or redeemable in cash.
Redemptions of Available Credits for Eligible Passes using your Gift Card or e-Gift Certificate, consistent with the terms of the www.gogoair.com web site, are final. Returns are not available and redeemed credits will not be reinstated to your Gift Card or e-Gift Certificate.
No Warranty of Availability or Uninterrupted Use
From time to time the Gift Card, e-Gift Certificate, or the Gogo system may, for technical reasons, be inoperative, and when this happens, you may be temporarily unable to use your Gift Card or e-Gift Certificate. Please contact Gogo customer service at 1-877-350-0038 or through the “live help link” on the Gogo interface if you have any problems using your Gift Card or e-Gift Certificate or for any other inquiry related to your Gift Card or e-Gift Certificate. You agree that Gogo is not responsible for any interruption of service.
We may cancel your Gift Card or e-Gift Certificate for any reason or no reason at all. If we cancel your Gift Card or e-Gift Certificate, Gogo will send you an email to the email address the purchaser provided at the time of purchase notifying you of the cancellation and requesting a current mailing address. If you provide a current mailing address, the percentage of the purchase price represented by each Available Credit will be returned to you by check.
Information We Collect
As part of providing you with the Gift Card or e-Gift Certificate, Gogo may collect and obtain certain information (including personal information) about and from you, including:
- Information provided by the purchaser, such as name, address, and email address;
- Information about a recipient of the Gift Card or e-Gift Certificate, such as name, address and email address; and
- Information about redemptions you make with the Gift Card or e-Gift Certificate, such as the date of the redemption of credits and the type of Eligible Pass selected.
You agree that if any term of these Terms and Conditions is found unenforceable for any reason by any Court, that the remainder of these Terms and Conditions shall remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
Assignment and Waiver
Gogo may assign this agreement to a successor, affiliate, or subsidiary at any time without notice to you. Gogo’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
Limitation of Liability
GOGO GIFT CARDS AND E-GIFT CERTIFICATES ARE PROVIDED “AS IS”, AND GOGO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS OR E-GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD OR E-GIFT CERTIFICATE CREDIT OR MULTI-USE PROMO CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
It is Gogo’s goal that the Gogo Gift Card and e-Gift Certificate program meets your expectations. However, there may be instances when you have a problem or dispute that needs special attention. In those instances, Gogo is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Gogo, you acknowledge and agree that you will first give Gogo an opportunity to resolve your problem or dispute. This includes you first sending a written description of your problem or dispute using the following email address: email@example.com or mailing address: Gogo Customer Care, P.O. Box 338, Itasca, IL 60143.
You then agree to negotiate with Gogo in good faith about your problem or dispute. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within sixty (60) days after Gogo’s receipt of your written description of it, you agree to the further dispute resolution provisions below.
You agree that the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of the Gogo Gift Card and e-Gift Certificate program, any purchased Gift Card or e-Gift Certificate, and these Terms and Conditions, shall be final and binding arbitration, except to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate Gogo’s or any third party patent, copyright, trademark, trade secret, privacy or publicity rights, in which case you acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought by Gogo and/or the applicable third party(ies). You and we acknowledge that the Agreement affects interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under the Agreement (despite any other choice of law provision).
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Upon your filing of the arbitration demand, we will pay all filing, administration and arbitrator fees for claims that total less than $75,000. For claims that total more than $75,000, the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. You and we agree to pay our own other fees, costs, and expenses, including those for any attorneys, experts, and witnesses. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith with Gogo as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, Gogo agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. As a limited exception to the agreement to arbitrate, you and we agree that you may take claims to small claims court, if your claims qualify for hearing by such court.
YOU HAVE A RIGHT TO OPT-OUT OF THIS ARBITRATION AGREEMENT. IF YOU DO NOT AGREE TO THIS MANDATORY ARBITRATION PROVISION WITH REGARD TO ANY PARTICULAR PURCHASED GIFT CARD OR E-GIFT CERTIFICATE, THEN WITHIN THIRTY (30) DAYS FROM THE DATE OF SUCH PURCHASE, YOU MAY OPT-OUT OF THIS PART OF THE AGREEMENT BY EITHER CALLING 1-877-350-0038 OR BY SENDING AN EMAIL TO CUSTOMERCARE@GOGOAIR.COM. Any opt-out received after the thirty (30) day time period will not be valid and you must pursue your claim via arbitration pursuant to these Terms.
To the fullest extent permitted by applicable law, NO ARBITRATION OR OTHER CLAIM UNDER THIS AGREEMENT SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR THE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction and not in arbitration.
WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND GOGO BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US.
In no event shall any claim, action or proceeding by you related in any way to the Gogo Gift Card and e-Gift Certificate program, the Gift Cards or e-Gift Certificates, or these Terms and Conditions, be instituted more than one (1) year after the cause of action arose.
If you have any questions about these Gogo Gift Card and e-Gift Certificate Terms and Conditions, please contact Gogo at 1-877-350-0038 or firstname.lastname@example.org.